expect, the younger brother,19-year-olddzhokhartsarnaev. he'sstill being hospitalized. he's listed in steer eerious bu stable condition. an official says he has injuries to his throat and is unable to talk. he could be charged by federal prosecutors today right at his hospital bedside. wolf? >> that would be a pretty dramatic moment if in fact a judge or magistrate shows up at the beth israel deaconess medical center, goes to the bedside of this 19-year-old suspect and formally noichz him of what's going on as far as federal charges are concerned. >> it would indeed. >>> let's take a look at what else we know about the process, the justice department coming up with some formal charges. our crime and justice correspondent joe johns is monitoring this part of the story in washington for us. what are officials telling you, joe, what can we anticipate? >> well, first, on that point were you just making, the rules say that when a person's charged with a federal crime, they need to be informed as soon as practicable but it is not clear whether that would mean this suspect would have to b

. >> one lawmaker strongly againstchargingdzhokhartsarnaevasan enemy combatant. adam schiff, a boston area. thank you for joining us. i'm sure your heart is going out to your native city here. so congressman, take us through this. should he be tried as an enemy of the united states, an enemy combatant? can he be prosecuted in that manner? >> well, i don't think we have really seen any evidence yet that would support treating him as an enemy combatant. this is somebody who is a u.s. citizen, arrested on u.s. soil for acts committed on u.s. soil. really far appeal from the paradigm of an enemy combatant, captured on an enemy battlefield. we don't have any evidence he's part of an al qaeda cell or been foreign directioned here. it's possible that could materialize but i think it is very hasty tore calling for his treatment as an enemy combatant. moreover, we haven't had much success in trying enemy combatants in our military commissions. criminal courts have been much more successful in the expeditious prosecution of terrorists. so this rush to want to proclaim him an enemy combatant and

the road where the two boston marathon suspects, tamerlananddzhokhartsarnaevwereengaging in this gunfight with police. we'll scroll through a couple of these pictures. keep your eyes here on the screen. the photos here show the brothers huddling behind a stolen suv at times as we reported through the hours last week, shooting at police, before this older brother tamerlan charges, runs towards these officers here, then he's seen lying in the street. the suv driven by his younger brother who we know is in fair condition at this hour at a hospital here in boston, he's in the car, accelerates toward his older brother, on the ground. >> what is the context for that? do they believe he was trying to escape, do they believe he was trying to maybe separate his brother from the officers or is there anything on this? >> i think his brother was on the ground, his brother was enga engaging, strapped with explosives and the younger brother from everything i've gleaned wants to get out of there. >> maybe because of the explosives. what does he wind up doing? >> ultimately gets out of t